Getting Divorced in Pennsylvania in 2025: What You Need to Know

by | Jan 1, 2025 | Divorce

If you are thinking about filing for divorce in 2025, taking some small steps now can pay dividends down the line. Preparation is key to a successful divorce; and, generally speaking, the more effort you put into your preparations, the smoother the process will go.

Of course, there are no guarantees, and neither spouse gets everything in a divorce. But, while disagreements and conflicting priorities can lead to delays, they can also be overcome. If you know what to expect, and if you have already thought about where you are (and aren’t) willing to give, you will be able to make informed and confident decisions with your long-term best interests in mind.

7 Key Facts for Spouses Who Are Contemplating a Divorce

So, what do you need to know if you are considering a divorce in 2025? Here are seven key facts for spouses who are contemplating a divorce in Pennsylvania this year:

1. You Need to Address All of the Issues that Are Relevant to Your Divorce

When going through a divorce, comprehensiveness is key. You need to address all of the issues that are relevant to your divorce. Every couple’s circumstances are unique, and this means that the divorce process has unique aspects for every couple as well.

Broadly speaking, there are four overarching issues that couples need to address during the divorce process: property division, child custody, child support, and spousal support (or alimony). But, within these four broad areas, there are countless possibilities and permutations. When addressing property division, you will need to focus on your marital and separate property. When addressing child custody, you will need to focus on what is best for your children. When addressing financial matters, you will need to focus on your current financial circumstances and the financial circumstances that you will face in the future.

2. Pennsylvania is an “Equitable Distribution” State with Regard to Marital Property

When dividing their marital property, divorcing spouses in Pennsylvania must focus on what is “equitable” under the circumstances at hand. While this might mean finding a way to split their assets 50/50, it also might mean something else.

When you hire a divorce lawyer to represent you, your lawyer will be able to assist with applying Pennsylvania’s “equitable distribution” rule to your specific circumstances. Your lawyer will also be able to assist with identifying your marital assets (which are subject to distribution) and your separate assets (which are not).

3. Your Child Custody Arrangement Must Reflect Your Children’s “Best Interests” (as Determined By Pennsylvania Law)

Pennsylvania law requires that all child custody arrangements reflect the “best interests” of the children involved. This requires application of the Commonwealth’s “best interests” factors, which means that it is not entirely up to divorcing parents to decide what is best for their children.

With that said, divorcing parents in Pennsylvania do have a significant amount of flexibility to develop a custody arrangement based on what they believe is best—provided that they are willing and able to work together. An experienced divorce lawyer can help here as well. When you hire an experienced divorce lawyer to represent you, your lawyer will be able to assist with developing a mutually agreeable parenting plan that addresses all pertinent considerations under Pennsylvania law.

4. Child Support is Mandatory in Pennsylvania

If you have children who are under 18 (and who are not emancipated), you will need to address child support during your divorce. Parents have an obligation to financially support their minor children under Pennsylvania law (they also have an obligation to financially support their children who are 18 or older in certain circumstances).

In Pennsylvania, calculating child support typically involves applying the Commonwealth’s child support guidelines. However, for many divorcing couples, this is easier said than done. Various issues can arise, and addressing these issues appropriately is critical for arriving at an accurate and enforceable calculation.

5. Spousal Support Isn’t Mandatory, But is Often Necessary

Unlike child support, divorcing couples are not required to address spousal support during the divorce process. However, while spousal support isn’t mandatory, it will still prove necessary in many cases.

Generally speaking, each spouse is entitled to maintain the standard of living that the couple enjoyed during their marriage. If one spouse isn’t able to maintain this standard of living independently, then an award of spousal support may be warranted. When an award of spousal support is warranted, various factors go into determining how much support is appropriate and for how long spousal support payments should continue.

6. Overlooking Small Issues Can Lead to Big Problems in the Future

As we mentioned above, when navigating the divorce process, comprehensiveness is key. This is because overlooking even small issues can lead to big problems in the future. If you overlook any marital assets during your divorce, if you overlook any sources of income when calculating child support or spousal support, or if you overlook special occasions or other special circumstances when developing your child custody arrangement, it can be far more difficult (and far more costly) to address these issues after your divorce is over.

7. There Are Many Ways an Experienced Divorce Lawyer Can Help

From helping you address all pertinent issues to helping you make informed decisions and resolve disputes when they arise, there are many ways an experienced divorce lawyer can help you. If you are thinking about filing for divorce in 2025, we strongly encourage you to get in touch. Stroudsburg divorce lawyer Gary J. Saylor, II can walk you through everything you need to know; and, if you are ready to start the divorce process, he can guide you every step of the way.

Request a Free Consultation with Stroudsburg Divorce Lawyer Gary J. Saylor, II

Would you like to speak with an experienced Stroudsburg divorce lawyer? If so, contact us today. Call 570-421-5568 or tell us how we can reach you online to schedule an appointment at a time that is convenient for you.

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Brian C. Jordan, Esq

At the Law Office of Gary J. Saylor, II, Esq., we believe in personalized legal services tailored to meet the unique needs of each client. Our approach combines legal expertise with empathy and understanding, ensuring that you feel supported and informed every step of the way. We are committed to achieving the best possible outcomes for our clients while maintaining the highest ethical standards.

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